CAN SELF-HELP MEASURES BE TAKEN BY LANDLORD BY AGREEMENT OF THE PARTIES??

Asked 9 months ago - Orlando, FL

I am interested in executing a leasing contract with a prospective tenant who agrees that self-help measures may be after the termination of a 3 month lease. Would that contract be enforceable?

Attorney answers (2)

  1. John Mansfield Ervin

    Contributor Level 8

    Answered . Self-help remedies are limited and governed by Florida Statute. Even if you were to put those types of provisions in a residential or commercial lease, I would still advise that you abide by Florida Statutes on the remedies and procedures for eviction/removal. Both commercial leases and residential leases are governed by Section 83, Florida Statutes. While you are free to include those provisions as additional remedies available to the landlord, a court could find them unenforceable and require you to follow the statutory framework for evicting a tenant.

  2. Gregory L Abbott

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If it is a commercial lease, normally yes. If it is a residential lease, normally no. Regardless, self-help is always fraught with peril and while sometimes legal, it is still disfavored by the courts. Use the court process and then, if necessary, law enforcement to enforce any court orders. The job gets done and you are protected from both injury and from potentially serious claims back at you arising out of what is normally a highly emotionally charged atmosphere. No matter what the contract says, you still are not allowed to breach the peace with your self-help measures. See an attorney if the need arises - it can be far cheaper in the end and the job gets done right the first time.

    Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is... more

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